Uplifts
[ch 1: page 14]The tribunal can increase the amount of compensation awarded by up to 25% in a relevant claim if the employer did not follow a relevant Acas Code of Practice — section 207A Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). It can also reduce compensation by up to 25% if it considers it just and equitable. The claims to which this applies are those listed in Schedule A2 TULRCA (www.legislation.gov.uk/ukpga/1992/52/schedule/A2).
The tribunal must make an additional award of two weeks’ or four weeks’ pay (the amount is at the discretion of the tribunal) if you succeed in a claim and your employer has not provided a written statement of employment particulars — section 38 of the Employment Act 2002 (EA 02). The types of claim to which this applies are listed in Schedule 5 EA 02 (www.legislation.gov.uk/ukpga/2002/22/schedule/5).
The claims to which the uplifts apply include unfair dismissal, working time cases, authorised deductions, detriment, redundancy payments and trade union inducements.